Can the former Prime Minister of Malaysia, Najib Razak, who was convicted of a criminal offence by a Malaysian High Court, seek re-election as a Member of Parliament at the next General Election?
The answer is in the negative – so long as that conviction stands. Najib’s conviction in the SRC trial is well above the RM2,000 fine and 1 year imprisonment disqualification threshold set out in Article 48(1)(e) of the Federal Constitution (FC) i.e. he was sentenced to 12 years imprisonment and a fine of RM210 million.
One may then ask – why is Najib currently permitted to hold on to his Member of Parliament seat? The answer lies in Article 48(4) of the FC. So long as Najib files an appeal in the Court of Appeal within fourteen days of the High Court conviction, he may continue serving as a member of Parliament until that appeal is heard and disposed of. Najib did file an appeal within that time frame and is currently pending a decision by the Court of Appeal.
Conclusion: Najib Razak may only stand for re-election at the next General Election, if his appeal against the High Court conviction is allowed by then, or if he receives a royal pardon by the King pursuant to Article 42 read with Article 48(3) of the FC .
Otherwise, the former Prime Minister may have to look for a new job.
